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Exam 23: Performance and Obligations Under Sales and Leases

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Question 31

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Which statement is correct regarding similarities between American and European contract law?

A) U.S. law is provided guidance through statutory enactments known as the Restatements of the Law, but European law relies entirely on the CISG.
B) U.S. law is provided guidance through the UCC, a federal statutory enactment, but European law relies entirely on the CISG.
C) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments; and Europe has begun crafting its own version of the U.S. Restatement of Contracts.
D) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments, but Europe has refused to consider crafting its own version of the U.S. Restatement of Contracts.
E) U.S. law finds guidance in the Restatements of the Law constituting soft law, not statutory enactments; and Europe has disavowed the CISG choosing to follow a code similar to the U.S. Restatements of the Law.

F) A) and B)
G) A) and C)

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Question 32

Multiple Choice

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Typically, buyers and lessees ordinarily inspects goods ________ paying, unless the parties agree otherwise.

A) before
B) immediately after
C) within 24 hours after
D) within 48 hours after
E) within 7 days after

F) C) and E)
G) None of the above

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Question 33

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The concept of good faith and fair dealing governs the inspection process.

LaTisha contracted with Marco, who operates a farm in Guatemala, for the importation of some great coffee beans for her coffee shop. The contract provided that Marco would be sure the coffee arrived by September 1st, in time for an open house LaTisha had planned. LaTisha was not worried because Marco had always delivered on a timely basis in the past. Marco was busy and was late getting the beans in transit. The beans did not arrive until September 2nd. LaTisha shipped them back and refused to pay. Marco sued. What is LaTisha 's best defense?

Under the UCC, ________ requires that the seller/lessor have and hold conforming goods at the disposal of the buyer/lessee and give the buyer/lessee reasonable notification to enable him or her to take delivery.

[Brea's Berries] Brea, a berry farmer, regularly supplies berries under an installment contract to Zelda's, a manufacturer of frozen desserts. Zelda's prefers its berries to be large, to provide the best quality for its products, and mandated that the contract contain a provision that each berry needed to be at least one inch in length. Zelda's rejected the latest shipment of berries, claiming that the majority of the berries did not meet the requisite length. Brea argues that Zelda cannot reject the entire shipment because it is only a trivial detail. Zelda responds that the size constitutes a substantial impairment in the goods and will make her products less desirable. She tells Brea she's cancelling the contract because she has to quickly find another supplier in order to complete a large order. -Can Zelda reject the shipment because of the size?

[New Furniture] Kristin purchased $2,000 worth of furniture from Solid Wood Furniture. Through an arrangement with Solid Wood, Kristin financed the purchase through a financing company called Let Us Help You. Twenty-nine days after the goods were delivered to her, Kristin had a disagreement with Let Us Help You regarding the amount of interest she would be required to pay. She notified Solid Wood on that day that she was rejecting the goods. Solid Wood claimed that she did not properly reject the furniture and also that she failed to act in good faith, an obligation imposed equally on all parties to a transaction. Kristin says that she properly rejected; that, although the UCC imposes no duty of good faith, she acted in good faith; and that, in any event, she had an absolute right to return the goods. -Which statement is true regarding both the UCC and common law with regard to conforming and nonconforming goods?

[Brea's Berries] Brea, a berry farmer, regularly supplies berries under an installment contract to Zelda's, a manufacturer of frozen desserts. Zelda's prefers its berries to be large, to provide the best quality for its products, and mandated that the contract contain a provision that each berry needed to be at least one inch in length. Zelda's rejected the latest shipment of berries, claiming that the majority of the berries did not meet the requisite length. Brea argues that Zelda cannot reject the entire shipment because it is only a trivial detail. Zelda responds that the size constitutes a substantial impairment in the goods and will make her products less desirable. She tells Brea she's cancelling the contract because she has to quickly find another supplier in order to complete a large order. -Assuming the berries are nonconforming, can Zelda simply cancel the contract?

Under the UCC, a delay in delivery or nondelivery, in whole or in part, is not a breach in circumstances in which performance has been made impracticable ________.

The UCC requires reasonable commercial standards of fair dealing in addition to ________ when parties are merchants.

If Dominique ordered lobsters from Maine for a catered affair and a hurricane hits the Maine coast line, what rule may allow the seller a defense to a breach of contract claim?

The substantial-impairment requirement is meant to prevent a party from canceling a contract due to trivial defects.

Which of the following is false regarding the perfect tender rule?

Which of the following is true about the Uniform Computer Information Transactions Act (UCITA) ?

Courts and the UCC drafters have created exceptions to the perfect tender rule that helps reduce the rule's rigidity.

[New Furniture] Kristin purchased $2,000 worth of furniture from Solid Wood Furniture. Through an arrangement with Solid Wood, Kristin financed the purchase through a financing company called Let Us Help You. Twenty-nine days after the goods were delivered to her, Kristin had a disagreement with Let Us Help You regarding the amount of interest she would be required to pay. She notified Solid Wood on that day that she was rejecting the goods. Solid Wood claimed that she did not properly reject the furniture and also that she failed to act in good faith, an obligation imposed equally on all parties to a transaction. Kristin says that she properly rejected; that, although the UCC imposes no duty of good faith, she acted in good faith; and that, in any event, she had an absolute right to return the goods. -Which statement is true regarding Kristin's claim that the UCC imposes no obligation of good faith conduct?

Felipe who is a commercial buyer decides to reject goods he was purchasing from Saul. What kind of notice must be provided to Saul by Felipe?

According to the case of Hubbard v. UTZ Quality Foods, Inc., whether goods conform to contract terms is a ________.

Under the perfect tender rule, there is no distinction between material and immaterial contractual requirements.

Sometimes language in the parties' agreement limits the rigidity of the perfect tender rule.